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Terms & Conditions

These Terms and Conditions (these “Terms” ), the Privacy Policy posted at: Privacy Policy (the “Privacy Policy” ), and all other terms and policies posted on www.daostruct.xyz (the “Site”) govern your access to and use of the Site and any other applications, content, products, and services (each a “Service” and collectively, the “Services” ) made available by DAOstruct, Co. or its representatives, affiliates, officers, and directors (collectively, “DAOstruct” or “We” (and all of its derivations)). These Terms are a binding agreement between Us and you as the individual, company or legal entity that will be utilizing any of the Services ( “You” ).

DAOstruct PROVIDES THE SERVICES SOLELY ON THESE TERMS AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY CLICKING THE "SUBMIT" BUTTON/CHECKING THE "ACCEPT" BOX ON THE ORDER FORM YOU (A) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF YOU ARE A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THESE TERMS AND BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DAOHQ WILL NOT AND DOES NOT MAKE AVAILABLE ANY SERVICES TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR YOUR ACCEPTANCE OF THEM, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THESE TERMS, AND THESE TERMS EXPRESSLY EXCLUDE ANY RIGHT, CONCERNING ANY SERVICES THAT YOU DID NOT ACQUIRE LAWFULLY.

  • License Grant and Scope. Subject to and conditioned upon Your compliance with these Terms, We hereby grant to You a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services solely for Your internal non-commercial purposes.
  • Content. We may, in Our sole discretion, permit You from time to time to submit, upload, publish or otherwise make available through the Services certain content (“Content”). Content may include property address information, photographs, construction service descriptions, timelines, pricing and materials listings, and other textual, audio and/or visual content and information. By providing Content to Us, You hereby grant Us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the Content in any manner. You represent and warrant that:
    • You either are the sole and exclusive owner of all Content or You have all rights, licenses, consents and releases necessary to grant Us the license to the Content as set forth above; and
    • neither the Content, nor Your submission, uploading, publishing or otherwise making available of such Content, nor Our use of the Content as permitted herein will infringe, misappropriate or violate a third-party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • Feedback . You may from time to time provide suggestions, comments or other feedback to Us, including suggestions for product or service offerings, changes, improvements or new functionality or capabilities (“Feedback”). Feedback is entirely voluntarily and We are not required to treat Feedback as Confidential Information of Yours and will be free to use Feedback and ideas generated from Feedback in Our future product development (including but not limited to improvement of the Services) and otherwise without restriction. You hereby assign to Us all of your right, title, and interest in your Feedback, including all intellectual property rights therein.
  • Third-Party Materials . The Services include software, content, data or other materials, including related documentation, that are owned by Persons other than Us.
  • Use Restrictions . You are responsible for all of Your activity related to the Services and may not use the Services for any purpose other than as set forth in these Terms. Any conduct by You that, in Our sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. Without limitation of the foregoing, You shall not, and shall not permit Third Parties to directly or indirectly:
    • take any action with respect to the Services that You know is false, misleading, untruthful, or inaccurate;
    • use the Services in connection with any fraudulent or illegal conduct, transaction, or business;
    • “spam” others or "phish” for others’ personal information;
    • post contact information, such as a business or personal email address, phone number or business or personal address;
    • use the Services in a manner that is unlawful, abusive, harassing, defamatory, libelous, profane, threatening, invasive of a person’s privacy, violative of any third party proprietary rights, tortious, or is otherwise inappropriate;
    • use the Services to transmit software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, limit, obtain unauthorized access to, or interfere with the proper function of the Services, including the Site and any other software, hardware, or telecommunications equipment;
    • take any action that imposes or may impose (as determined by Us in Our sole discretion) an unreasonable or disproportionately large load on Our (or Our third party providers’) infrastructure;
    • interfere or attempt to interfere with the proper working of the Services;
    • bypass, circumvent, or attempt to bypass or circumvent any measures We may use to prevent or restrict access to the Services, including the Site, any other accounts, computer systems, and networks connected thereto;
    • frame or mirror any portion of the Services or incorporate any portion of the Services into any product or service;
    • use meta tags or any other “hidden text” using any DAOstruct trademark;
    • remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
    • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of the Site or make or attempt to make any modification to the Services, except to the limited extent applicable laws specifically prohibit such restriction;
    • modify, translate or otherwise create derivative works of the Service;
    • sell, resell, copy, rent, lease, loan, distribute, or charge any party for access to the Services;
    • use or launch any automated system, including “robots,” “spiders,” or “offline readers,” to access the Services;
    • act as an intermediary, aggregator, or service bureau Yourself or on behalf of any third party;
    • combine the Services or any part thereof with, or incorporate the Services or any part thereof in, any other programs;
    • use the Services for purposes of competitive analysis of the Services, the development of a competing product or service or any other purpose that is to the Our commercial disadvantage.
  • Responsibility for Use of Services . You are responsible and liable for all uses of the Services through access thereto provided by You, directly or indirectly.
  • Compliance Measures.
    • The Services may contain technological copy protection or other security features designed to prevent unauthorized use of the Services, including features to protect against use of the Services:
      • beyond the scope of the license granted pursuant to Section 2; or
      • prohibited under Section 6.
    • You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to, any such copy protection or security features.

Collection and Use of Information.

  • You acknowledge that We may, directly or indirectly through the services of third parties, collect and store information regarding use of the Services and about equipment on which the Services accessed and used, through:
    • the provision of maintenance and support services; and
    • security measures included in the Services.
  • You agree that We may use such information for any purpose related to any use of the Services, including but not limited to:
    • improving the performance of the Services;
    • other development, diagnostic and corrective purposes in connection with the Services;
    • disclosing such data solely in the aggregate or other de-identified form in connection with its business; and
    • verifying Your compliance with these Terms and enforcing Our rights, including all intellectual property rights in and to the Services.
  • Intellectual Property Rights . You acknowledge and agree that the Services are provided under license, and not sold, to You. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto other than to use the same in accordance with the license granted, and subject to these Terms. We and Our licensors and service providers reserve and shall retain our entire right, title and interest in and to the Services and all Intellectual Property Rights arising out of or relating to the Services, except as expressly granted to the You under these Terms.
  • [Payment . All License Fees and Support Fees are payable in advance in the manner set forth in the Order Form and are non-refundable[, except as may be expressly set forth herein]. Any renewal of the license or maintenance and support services hereunder shall not be effective until the fees for such renewal have been paid in full.
  • Trademarks and Copyrights . “DAOstruct” Logo is a trademark of Ours. All other trademarks appearing in the Services are the registered and unregistered trademarks of their respective holders. You may not use any trademark or service mark appearing in the Services without the prior written consent of Us or the owner of the mark. In the event the Services contain any copyright or other message(s) embedded therein, You shall not modify or remove such embedded message(s). Nothing contained in these Terms shall be construed as conferring by implication, estoppel otherwise any license or right to use any trademark, patent, design right or copyright of Ours, or any third party
  • Term and Termination.
    • These Terms and the license granted hereunder shall remain in effect until terminated as set forth herein (the "Term").
    • Upon expiration or earlier termination of these Terms, the license granted hereunder shall also terminate, and You shall cease using the Services.
    • Upon any termination of these Terms by either You or Us, the following sections will survive: “Binding Arbitration & Class Action Waiver”, “Privacy”, “Content”, “Use Restrictions”, “Feedback”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnity”, “Notices and Questions”, and “Miscellaneous”, together with all other provisions that by their plain meaning are intended to survive.
    • Indemnity . You hereby indemnify and hold harmless Us and Our affiliates, suppliers, business partners, and licensors, and Our and their respective employees, contractors, and agents from any and all claims, losses, damages, costs, and expenses, including reasonable attorney’s fees, arising from or related to Your use or misuse of the Services or breach of these Terms. You will cooperate fully as reasonably required in the
  • Disclaimer of Warranties.
    • THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
  • Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
    • IN NO EVENT WILL OUR OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICES, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE WE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • IN NO EVENT WILL OUR AND OUR AFFILIATES', INCLUDING ANY OF OUR OR THEIR RESPECTIVE LICENSORS' AND SERVICE PROVIDERS', COLLECTIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).
    • THE LIMITATIONS SET FORTH IN THIS SECTION 15 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
  • Privacy . We respect the privacy of Our customers. Our Privacy Policy also governs Your use of the Services, and explains its policies for the collection, use and sharing of data including personally identifiable information. Please see Our Privacy Policy available at Privacy Policy for more information. By accessing or using the Services, You consent to Our collecting, reproducing, using, developing, displaying, modifying, storing, processing, disclosing and distributing any data and information accessed, collected, used, processed, stored, shared, distributed, transferred, disclosed, destroyed or disposed of in connection with Your use of the Services, subject to the terms and conditions of the Privacy Policy.
  • Copyright Infringement . We respect the intellectual property rights of others. Accordingly, We have a policy of removing Content that violates copyright law, and, in appropriate circumstances, suspending access to the Services to any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving digital notification of claimed copyright infringement and for processing such claims in accordance with such law. If You or any third party believe Your or their copyright is being infringed by a user of the Services, You or they may provide notice to the following DAOstruct agent for notice of claims of copyright infringement: of the Services, You or they may provide notice to the following DAOstruct agent for notice of claims of copyright infringement: care@daostruct.xyz The written notice must:
    • contain such Person’s physical or electronic signature;.
    • identify the copyrighted work alleged to have been infringed; .
    • identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material; .
    • contain adequate information by which We can contact such Person (including postal address, telephone number, and e-mail address);
    • contain a statement that such Person has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law;
    • contain a statement that the information in the written notice is accurate; and
    • contain a statement, under penalty of perjury, that such Person is authorized to act on behalf of the copyright owner.
  • Notices and Questions . Except as explicitly stated otherwise in these Terms,
    • any notices provided by Us may be made by an updated posting on the Service or by mail or email to the most recent address or email address associated with Your account; and
    • all notices under these Terms must be in writing and will be deemed to have been duly given:
      • when received, if personally delivered or sent by certified or registered mail, return receipt requested;
      • when receipt is electronically confirmed, if transmitted by e-mail; or
      • the day after it is sent, if sent for next day delivery by recognized overnight delivery service. You hereby agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
  • You may contact Us at: care@daostruct.xyz
  • Miscellaneous. .
    • These Terms shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Delaware. Any legal suit, action or proceeding arising out of or related to these Terms or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in the city of Dover and County of Kent, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
    • We shall not be in default hereunder by reason of any failure or delay in the performance of Our obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning or Your equipment, loss and destruction of property or any other circumstances or causes beyond Our reasonable control.
    • All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile [or e-mail of a PDF document] (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the [third] day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth on the Order Form (or to such other address as may be designated by a party from time to time in accordance with this Section 16(c)) .
    • These Terms, together with [the Order Form, and] all other documents that are incorporated by reference herein, constitute the sole and entire agreement between You and Us with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
    • You may not assign Your rights or obligations hereunder without Our express prior written consent. We may assign, transfer, or delegate any of Our rights and obligations hereunder without Your consent. Any assignment or transfer or purported assignment or transfer in violation of this Section is null and void. These Terms shall be binding upon the permitted heirs, successors, and assigns of the parties hereto. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
    • We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time by posting a notice on the Site or by other means of electronic communication. Unless otherwise indicated, such changes will become effective immediately. It is Your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting or other provision of any update to these Terms will constitute Your acceptance of such updated Terms and those updated Terms will apply to Your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of Your use
    • If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
    • For purposes of these Terms,
      • the words "include," "includes" and "including" shall be deemed to be followed by the words "without limitation";
      • the word "or" is not exclusive; and
      • the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms as a whole. Unless the context otherwise requires, references herein: (x) to Sections and Exhibits refer to the Sections of, and Exhibits attached to, these Terms; (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The Order Form [and all Schedules and Exhibits] referred to herein shall be construed with, and as an integral part of, these Terms to the same extent as if they were set forth verbatim herein.
    • The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.
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